To refresh the memory of former staff and current staff regarding "mandatory reporting" here ya go.... To refresh the memory of DHS and it's ORCC it would seem apparent since you all knew what was transpiring at Ridge Creek School facility (which was not a licensed PRTF, nor was it a licensed RTF but operating as one) and did nothing as in call for a CPS investigation and the like...Perhaps the ORCC needs a refresher course, too, so here ya go! Most would agree, "what good for the goose, is good for the gander."
SIMPLY STATED, HOLD THEM ALL ACCOUNTABLE.
Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws
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Rate This Not yet rated. | Series: State Statutes |
| Author(s): Child Welfare Information Gateway |
| Year Published: 2010 |
This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.
All States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes identifying persons who are required to report child maltreatment under specific circumstances.
Professionals Required to Report
Approximately 48 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands designate professions whose members are mandated by law to report child maltreatment.1 Individuals designated as mandatory reporters typically have frequent contact with children. Such individuals may include:- Social workers
- Teachers and other school personnel
- Physicians and other health-care workers
- Mental health professionals
- Child care providers
- Medical examiners or coroners
- Law enforcement officers
Reporting by Other Persons
In approximately 18 States and Puerto Rico, any person who suspects child abuse or neglect is required to report. Of these 18 States, 16 States and Puerto Rico specify certain professionals who must report but also require all persons to report suspected abuse or neglect, regardless of profession.6 New Jersey and Wyoming require all persons to report without specifying any professions. In all other States, territories, and the District of Columbia, any person is permitted to report. These voluntary reporters of abuse are often referred to as "permissive reporters."Standards for Making a Report
The circumstances under which a mandatory reporter must make a report vary from State to State. Typically, a report must be made when the reporter, in his or her official capacity, suspects or has reasons to believe that a child has been abused or neglected. Another standard frequently used is when the reporter has knowledge of, or observes a child being subjected to, conditions that would reasonably result in harm to the child. Permissive reporters follow the same standards when electing to make a report.Privileged Communications
Mandatory reporting statutes also may specify when a communication is privileged. "Privileged communications" is the statutory recognition of the right to maintain confidential communications between professionals and their clients, patients, or congregants. To enable States to provide protection to maltreated children, the reporting laws in most States and territories restrict this privilege for mandated reporters. All but three States and Puerto Rico currently address the issue of privileged communications within their reporting laws, either affirming the privilege or denying it (i.e., not allowing privilege to be grounds for failing to report).7 For instance:- The physician-patient and husband-wife privileges are the most common to be denied by States.
- The attorney-client privilege is most commonly affirmed.
- The clergy-penitent privilege is also widely affirmed, although that privilege usually is limited to confessional communications and, in some States, denied altogether.8
Inclusion of the Reporter's Name in the Report
Most States maintain toll-free telephone numbers for receiving reports of abuse or neglect.9 Reports may be made anonymously to most of these reporting numbers, but States find it helpful to their investigations to know the identity of reporters. Approximately 18 States, the District of Columbia, American Samoa, Guam, and the Virgin Islands currently require mandatory reporters to provide their names and contact information, either at the time of the initial oral report or as part of a written report.10 The laws in Connecticut, Delaware, and Washington allow child protection workers to request the name of the reporter. In Wyoming, the reporter does not have to provide his or her identity as part of the written report, but if the person takes and submits photographs or x rays of the child, his or her name must be provided.Disclosure of the Reporter's Identity
All jurisdictions have provisions in statute to maintain the confidentiality of abuse and neglect records. The identity of the reporter is specifically protected from disclosure to the alleged perpetrator in 39 States, the District of Columbia, Puerto Rico, American Samoa, Guam, Puerto Rico, and the Northern Mariana Islands.11 This protection is maintained even when other information from the report may be disclosed.Release of the reporter's identity is allowed in some jurisdictions under specific circumstances or to specific departments or officials. For example, disclosure of the reporter's identity can be ordered by the court when there is a compelling reason to disclose (in California, Mississippi, Tennessee, Texas, and Guam) or upon a finding that the reporter knowingly made a false report (in Alabama, Arkansas, Connecticut, Kentucky, Louisiana, Minnesota, South Dakota, Vermont, and Virginia). In some jurisdictions (California, Florida, Minnesota, Tennessee, Texas, Vermont, the District of Columbia, and Guam), the reporter can waive confidentiality and give consent to the release of his or her name.
To access the statutes for a specific State or territory, visit the State Statutes Search.
1 The word approximately is used to stress the fact that States frequently amend their laws. This information is current only through April 2010. At that time, New Jersey and Wyoming were the only two States that did not enumerate specific professional groups as mandated reporters but required all persons to report. back
2 Film processors are mandated reporters in Alaska, California, Colorado, Georgia, Illinois, Iowa, Louisiana, Maine, Missouri, Oklahoma, and South Carolina. Substance abuse counselors are required to report in Alaska, California, Connecticut, Illinois, Iowa, Kansas, Massachusetts, Nevada, New York, North Dakota, Oregon, South Carolina, South Dakota, and Wisconsin. Probation or parole officers are mandated reporters in Arkansas, California, Colorado, Connecticut, Hawaii, Illinois, Louisiana, Massachusetts, Minnesota, Missouri, Nevada, North Dakota, South Dakota, Texas, Vermont, Virginia, and Washington. back
3 Domestic violence workers are mandated reporters in Alaska, Arizona, Arkansas, Connecticut, Illinois, Maine, and South Dakota. Humane officers are mandated reporters in California, Colorado, Illinois, Maine, Ohio, Virginia, and West Virginia. back
4 Arkansas, California, Louisiana, Maine, Montana, Oregon, Virginia, Washington, and Wisconsin. back
5 Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, West Virginia, and Wisconsin. For more information, see Child Welfare Information Gateway's Clergy as Mandatory Reporters of Child Abuse and Neglect at www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm. back
6 Delaware, Florida, Idaho, Indiana, Kentucky, Maryland, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, and Utah. back
7 Connecticut, Mississippi, and New Jersey do not currently address the issue of privileged communications within their reporting laws. The issue of privilege may be addressed elsewhere in the statutes of these States, such as rules of evidence. back
8 New Hampshire, North Carolina, Oklahoma, Rhode Island, Texas, and West Virginia disallow the use of the clergy-penitent privilege as grounds for failing to report suspected child abuse or neglect. For a more complete discussion of the requirement for clergy to report child abuse and neglect, see the Information Gateway's Clergy as Mandatory Reporters of Child Abuse and Neglect at www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm. back
9 For State-specific information about these hotlines, see Information Gateway's State Child Abuse Reporting Numbers at http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5%26rate_chno=W-00082. back
10 California, Colorado, Florida, Illinois, Indiana, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, New York, North Carolina, Pennsylvania, and Vermont have this requirement. back
11 The statutes in Alaska, Arizona, Delaware, Idaho, Maryland, Massachusetts, New Hampshire, Oklahoma, Rhode Island, West Virginia, Wyoming, and the Virgin Islands do not specifically protect reporter identity but do provide for confidentiality of records in general. back
2 Film processors are mandated reporters in Alaska, California, Colorado, Georgia, Illinois, Iowa, Louisiana, Maine, Missouri, Oklahoma, and South Carolina. Substance abuse counselors are required to report in Alaska, California, Connecticut, Illinois, Iowa, Kansas, Massachusetts, Nevada, New York, North Dakota, Oregon, South Carolina, South Dakota, and Wisconsin. Probation or parole officers are mandated reporters in Arkansas, California, Colorado, Connecticut, Hawaii, Illinois, Louisiana, Massachusetts, Minnesota, Missouri, Nevada, North Dakota, South Dakota, Texas, Vermont, Virginia, and Washington. back
3 Domestic violence workers are mandated reporters in Alaska, Arizona, Arkansas, Connecticut, Illinois, Maine, and South Dakota. Humane officers are mandated reporters in California, Colorado, Illinois, Maine, Ohio, Virginia, and West Virginia. back
4 Arkansas, California, Louisiana, Maine, Montana, Oregon, Virginia, Washington, and Wisconsin. back
5 Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Illinois, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, West Virginia, and Wisconsin. For more information, see Child Welfare Information Gateway's Clergy as Mandatory Reporters of Child Abuse and Neglect at www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm. back
6 Delaware, Florida, Idaho, Indiana, Kentucky, Maryland, Mississippi, Nebraska, New Hampshire, New Mexico, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, and Utah. back
7 Connecticut, Mississippi, and New Jersey do not currently address the issue of privileged communications within their reporting laws. The issue of privilege may be addressed elsewhere in the statutes of these States, such as rules of evidence. back
8 New Hampshire, North Carolina, Oklahoma, Rhode Island, Texas, and West Virginia disallow the use of the clergy-penitent privilege as grounds for failing to report suspected child abuse or neglect. For a more complete discussion of the requirement for clergy to report child abuse and neglect, see the Information Gateway's Clergy as Mandatory Reporters of Child Abuse and Neglect at www.childwelfare.gov/systemwide/laws_policies/statutes/clergymandated.cfm. back
9 For State-specific information about these hotlines, see Information Gateway's State Child Abuse Reporting Numbers at http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=5%26rate_chno=W-00082. back
10 California, Colorado, Florida, Illinois, Indiana, Iowa, Louisiana, Maine, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Mexico, New York, North Carolina, Pennsylvania, and Vermont have this requirement. back
11 The statutes in Alaska, Arizona, Delaware, Idaho, Maryland, Massachusetts, New Hampshire, Oklahoma, Rhode Island, West Virginia, Wyoming, and the Virgin Islands do not specifically protect reporter identity but do provide for confidentiality of records in general. back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
PENALTIES FOR FAILURE TO REPORT AND PENALTIES FOR FALSE REPORTING
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws
Rate This 5.0/5, 3 Reviews | Series: State Statutes |
| Author(s): Child Welfare Information Gateway |
| Year Published: 2009 |
This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.
Many cases of child abuse and neglect are not reported, even when mandated by law. Therefore, nearly every State and U.S. territory imposes penalties, often in the form of a fine or imprisonment, on mandatory reporters who fail to report suspected child abuse or neglect as required by law.1 In addition, to prevent malicious or intentional reporting of cases that are not founded, many States and the U.S. Virgin Islands impose penalties against any person who files a report known to be false.
Penalties for Failure to Report
Approximately 47 States, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands impose penalties on mandatory reporters who knowingly or willfully fail to make a report when they suspect that a child is being abused or neglected.2 Failure to report is classified as a misdemeanor in 39 States and American Samoa, Guam, and the Virgin Islands.3 In Arizona, Florida, and Minnesota, misdemeanors are upgraded to felonies for failure to report more serious situations, while in Illinois and Guam, second or subsequent violations are classified as felonies.Twenty States and the District of Columbia, Guam, the Northern Mariana Islands, and the Virgin Islands specify in the reporting laws the penalties for failure to report.4 Upon conviction, a mandated reporter who fails to report can face jail terms ranging from 10 days to 5 years or fines ranging from $100 to $5,000. In seven States and American Samoa, in addition to any criminal penalties, the reporter may be civilly liable for any damages caused by the failure to report.5
Penalties for False Reporting
Approximately 28 States carry penalties in their civil child protection laws for any person who willfully or intentionally makes a report of child abuse or neglect that the reporter knows to be false.6 In New York, Ohio, and the Virgin Islands, making false reports of child maltreatment is made illegal in criminal sections of State code.Twenty States and the Virgin Islands classify false reporting as a misdemeanor or similar charge.7 In Florida, Tennessee, and Texas, false reporting is a felony, while in Arkansas, Illinois, Indiana, Missouri, and Virginia, second or subsequent offenses are upgraded to felonies. In Michigan, false reporting can be either a misdemeanor or a felony, depending on the seriousness of the alleged abuse in the report. No criminal penalties are imposed in California, Maine, Montana, Minnesota, and Nebraska; however, immunity from civil or criminal action that is provided to reporters of abuse or neglect is not extended to those who make a false report.
Eleven States and the Virgin Islands specify the penalties for making a false report.8 Upon conviction, the reporter can face jail terms ranging from 30 days to 5 years or fines ranging from $200 to $5,000. Florida imposes the most severe penalties: In addition to a court sentence of 5 years and $5,000, the Department of Children and Family Services may fine the reporter up to $10,000. In six States the reporter may be civilly liable for any damages caused by the report.9
To access the statutes for a specific State or territory, visit the State Statutes Search.
1 See Child Welfare Information Gateway's Mandatory Reporters of Child Abuse and Neglect. Back
2The word approximately is used to stress the fact that the States frequently amend their laws. This information is current through December 2009. Maryland, North Carolina, Wyoming, and Puerto Rico currently do not have statutes imposing penalties for failure to report. Back
3The States that do not use the misdemeanor classification for failure to report include Connecticut, Delaware, Massachusetts, Mississippi, New Jersey, Vermont, Virginia, and Wisconsin.Back
4Alabama, California, Connecticut, Delaware, Florida, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Mexico, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, and Wisconsin. Back
5Arkansas, Colorado, Iowa, Michigan, Montana, New York, and Rhode Island. Back
6Arizona, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, and Wyoming. Back
7Arizona, Arkansas, Colorado, Illinois (disorderly conduct), Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, New York, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Virginia, Washington, and Wyoming. Back
8Connecticut, Florida, Louisiana, Massachusetts, Michigan, Oklahoma, Rhode Island, South Carolina, Texas, Washington, and Wyoming. Back
9California, Colorado, Idaho, Indiana, Minnesota, and North Dakota. Back
2The word approximately is used to stress the fact that the States frequently amend their laws. This information is current through December 2009. Maryland, North Carolina, Wyoming, and Puerto Rico currently do not have statutes imposing penalties for failure to report. Back
3The States that do not use the misdemeanor classification for failure to report include Connecticut, Delaware, Massachusetts, Mississippi, New Jersey, Vermont, Virginia, and Wisconsin.Back
4Alabama, California, Connecticut, Delaware, Florida, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, New Mexico, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington, West Virginia, and Wisconsin. Back
5Arkansas, Colorado, Iowa, Michigan, Montana, New York, and Rhode Island. Back
6Arizona, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Oklahoma, Rhode Island, South Carolina, Tennessee, Texas, Virginia, Washington, and Wyoming. Back
7Arizona, Arkansas, Colorado, Illinois (disorderly conduct), Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Missouri, New York, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, Virginia, Washington, and Wyoming. Back
8Connecticut, Florida, Louisiana, Massachusetts, Michigan, Oklahoma, Rhode Island, South Carolina, Texas, Washington, and Wyoming. Back
9California, Colorado, Idaho, Indiana, Minnesota, and North Dakota. Back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
IMMUNITY FOR MANDATORY REPORTERS
Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws
Rate This Not yet rated. | Series: State Statutes |
| Author(s): Child Welfare Information Gateway |
| Year Published: 2008 |
You may wish to review this introductory text to better understand the information contained in your State's statute. To see how your State addresses this issue, visit the State Statutes Search.
To be eligible to receive Federal grants under the Child Abuse Prevention and Treatment Act (CAPTA), States are required to establish provisions for immunity from liability for individuals making good faith reports of suspected or known instances of child abuse or neglect.1
Immunity for Making Reports
All States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands provide some form of immunity from liability for persons who in good faith report suspected instances of child abuse or neglect under the reporting laws. Immunity statutes protect reporters from civil or criminal liability that they might otherwise incur. This protection is extended to both mandatory and voluntary reporters.2The term "good faith" refers to the assumption that the reporter, to the best of his or her knowledge, had reason to believe that the child in question was being subjected to abuse or neglect. Even if the allegations made in the report cannot be fully substantiated, the reporter is still provided with immunity. There is a "presumption of good faith" in approximately 17 States, the District of Columbia, American Samoa, and Guam, which means that the good faith of the reporter is assumed unless it can be proven to the contrary.3
Additional Provision of Immunity
States may provide immunity not only for the initial report of abuse or neglect, but also for many of the actions that a reporter may take following the filing of a report. For example, approximately 36 States, the District of Columbia, American Samoa, and Guam provide immunity to a reporter who participates in any judicial proceedings that may arise.4 Approximately 26 States provide immunity to a reporter for assisting with or participating in an investigation of allegations of maltreatment.5Many States also provide immunity for actions taken by medical practitioners in connection with making a report of suspected child maltreatment. These actions may include:
- Taking any necessary photographs or x-rays6
- Taking a child into emergency protective custody7
- Disclosing medical records or other information pertinent to a case8
- Performing a medical exam on the child9
- Performing medically relevant tests10
Limitations to Immunity
In many States, immunity from civil or criminal liability is specifically not provided in cases in which it can be shown that the person making a report acted with malice or in "bad faith" or knowingly made a false report.11 Minnesota and North Dakota specifically deny immunity from any civil or criminal penalties for mandated reporters who fail to make required reports. Alaska provides no immunity for persons who knowingly make an "untimely report." Persons who are the alleged perpetrators of the suspected abuse or neglect are specifically not provided immunity from prosecution in 16 States.12To see how your State addresses this issue, visit the State Statutes Search.
To find information on all of the States and territories, view the complete printable PDF, Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB).
1 42 U.S.C.A. § 5106a(b)(2)(A)(iv). Back
2 Mandatory reporters are persons who are required to report; voluntary reporters are not required to report but may choose to report. For a State-by-State summary of mandatory reporting laws, see Information Gateway's Mandatory Reporters of Child Abuse and Neglect. Back
3 The word approximately is used to stress the fact that the States frequently amend their laws; this information is current through December 2008. The States that provide for an assumption of "good faith" include Colorado, Illinois, Indiana, Maine, Michigan, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Wisconsin, and Wyoming. Back
4 The States that do NOT provide this immunity are: Arkansas, California, Florida, Illinois, Massachusetts, Michigan, Minnesota, New York, North Dakota, Utah, Vermont, West Virginia, Wisconsin, and Wyoming. Back
5 Alabama, Arizona, Colorado, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, and Wisconsin. Back
6 In 14 States (Arkansas, California, Colorado, Illinois, Indiana, Iowa, Maine, Missouri, Nevada, New York, Pennsylvania, South Dakota, Utah, Wisconsin), American Samoa, and Guam. Back
7 In 12 States (Alabama, Arkansas, Colorado, Delaware, Illinois, Missouri, Nevada, New York, Pennsylvania, Utah, Virginia, Washington), American Samoa, and Guam. Back
8 In 11 States (Arizona, Illinois, Louisiana, Montana, Nevada, New York, North Dakota, South Carolina, South Dakota, Tennessee, and Utah) and Puerto Rico. Back
9 In 3 States: Delaware, Indiana, and Wisconsin. Back
10 In 2 States: Iowa and Nevada. Back
11 Immunity is denied for acting with malice or in bad faith in 10 States: Arizona, Colorado, Idaho, Indiana, Missouri, Montana, New Mexico, Ohio, Texas, and Virginia. Immunity is denied for knowingly making a false report in 10 States: California, Louisiana, Maine, Missouri, Montana, Nebraska, North Dakota, Ohio, Utah, and Washington. Back
12 Alaska, Arizona, Colorado, Connecticut, Florida, Indiana, Louisiana, Massachusetts, Minnesota, North Dakota, South Dakota, Tennessee, Texas, Vermont, Washington, and Wisconsin. Back
2 Mandatory reporters are persons who are required to report; voluntary reporters are not required to report but may choose to report. For a State-by-State summary of mandatory reporting laws, see Information Gateway's Mandatory Reporters of Child Abuse and Neglect. Back
3 The word approximately is used to stress the fact that the States frequently amend their laws; this information is current through December 2008. The States that provide for an assumption of "good faith" include Colorado, Illinois, Indiana, Maine, Michigan, Mississippi, Nevada, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, Tennessee, Wisconsin, and Wyoming. Back
4 The States that do NOT provide this immunity are: Arkansas, California, Florida, Illinois, Massachusetts, Michigan, Minnesota, New York, North Dakota, Utah, Vermont, West Virginia, Wisconsin, and Wyoming. Back
5 Alabama, Arizona, Colorado, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Michigan, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, and Wisconsin. Back
6 In 14 States (Arkansas, California, Colorado, Illinois, Indiana, Iowa, Maine, Missouri, Nevada, New York, Pennsylvania, South Dakota, Utah, Wisconsin), American Samoa, and Guam. Back
7 In 12 States (Alabama, Arkansas, Colorado, Delaware, Illinois, Missouri, Nevada, New York, Pennsylvania, Utah, Virginia, Washington), American Samoa, and Guam. Back
8 In 11 States (Arizona, Illinois, Louisiana, Montana, Nevada, New York, North Dakota, South Carolina, South Dakota, Tennessee, and Utah) and Puerto Rico. Back
9 In 3 States: Delaware, Indiana, and Wisconsin. Back
10 In 2 States: Iowa and Nevada. Back
11 Immunity is denied for acting with malice or in bad faith in 10 States: Arizona, Colorado, Idaho, Indiana, Missouri, Montana, New Mexico, Ohio, Texas, and Virginia. Immunity is denied for knowingly making a false report in 10 States: California, Louisiana, Maine, Missouri, Montana, Nebraska, North Dakota, Ohio, Utah, and Washington. Back
12 Alaska, Arizona, Colorado, Connecticut, Florida, Indiana, Louisiana, Massachusetts, Minnesota, North Dakota, South Dakota, Tennessee, Texas, Vermont, Washington, and Wisconsin. Back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
The GAO was correct, "there are simply no excuses for a licensed psychologist, a licensed MSW, a teacher, or any of the staff that were the caretakers of children/youth at Ridge Creek School, to not report these incidents." "The ORCC is just as accountable."
It just might be advisable to seek counsel and while you are at it, have your counsel check out the "immunity clause." Although you walked, never to look back for " The Children Left Behind," there is always redemption.
And that's my take.
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